No-knock warrants
No-knock warrants are a type of judicial order that allows police to enter a property without announcing their presence, typically used in situations where announcing themselves could compromise an investigation. The legal foundation for no-knock warrants stems from the Fourth Amendment of the U.S. Constitution, which generally requires law enforcement to knock and announce their identity before entering a residence. However, the U.S. Supreme Court has established that exceptions can be made in emergencies, such as when there is a risk of evidence destruction, the suspect escaping, or potential injury to officers or civilians.
These warrants are rare and must be justified with compelling evidence before a judge can authorize them. Despite their legal standing, no-knock warrants have faced increasing scrutiny and controversy, particularly following several high-profile incidents resulting in fatalities. From 2015 to 2022, a significant number of deaths occurred during police raids conducted under no-knock warrants, leading to growing calls from various activist groups, including the American Civil Liberties Union, for a reevaluation or abolition of this practice. As public discourse continues, no-knock warrants remain a contentious aspect of law enforcement tactics in the United States.
On this Page
No-knock warrants
SIGNIFICANCE: The US Supreme Court has stated that the Fourth Amendment usually requires police to knock and announce their intention to enter a structure. However, certain special orders allow the police to circumvent this requirement.
During the colonial period of American history, British authorities utilized search warrants as a tool to search and seize the property of the colonists. The warrants were written and came in two forms: the general warrant and the writ of assistance. General warrants gave British officers the ability to enter shops and homes without warning, while writs of assistance compelled bystanders to help officers carry out searches. These orders authorized their holders to conduct searches for the lifetime of the monarch who issued them.
After the American Revolution, the Fourth Amendment to the US Constitution required that searches and seizures be conducted with warrants based on evidence legally collected and that they be reasonable under the circumstances. The US Supreme Court has held that part of that requirement included the admonition that police should announce their arrival and that they obtain a search warrant before breaking into a home. In other words, the police had to know what they were looking for, had to have evidence that they would find it, and had an obligation to let the occupants know that they were coming in.
Naturally, police have encountered situations where, if they identified themselves prior to entry, their investigation might be derailed. Under these circumstances, the police may obtain special permission to enter a structure without having to announce their presence. This type of special order is called a no-knock warrant, and the Supreme Court has held that such warrants are legal. However, the Court has also ruled that such warrants can be issued only in an emergency. Legitimate exceptions to the knock-and-announce rule are: the possible destruction of evidence, escape of the suspect, or the likelihood that serious injury could take place if the presence of the officers was made known.
These types of warrants are unique in that they are only rarely given and only when the police can show that they have a reasonable belief that one of the above mentioned exigencies is likely to occur. Not only are these types of warrants rare, but they are also difficult to obtain. The Court has further ruled that no-knock warrants must be applied for, so that a judge can determine if such an entry would meet the requirements of the US Constitution. Basically, police cannot just enter a home without announcing themselves simply because they think an emergency situation might exist; their evidence for that belief must be reviewed by a judge, and only then can a no-knock warrant be issued.
No-knock warrants became increasingly controversial in the 2020s after several high-profile incidents that left a number of people dead. According to the Washington Post, twenty-two people were killed in separate raids by police acting on no-knock warrants from 2015 to 2022. By the mid-2020s, many activists, including the American Civil Liberties Union, were calling for an end to the practice.
Bibliography
Del Carmen, Rolando V., and Jeffrey T. Walker, eds. Briefs of Leading Cases in Law Enforcement, 10th ed. Routledge, 2019.
Kan, Courtney, Nicole Dungca, and Jenn Abelson. "What to Know About No-Knock Warrants." Washington Post, 27 May 2022, www.washingtonpost.com/investigations/2022/04/06/no-knock-warrants/. Accessed 8 July 2024.
"No-Knock Warrant." Cornell Law School, July 2023, www.law.cornell.edu/wex/no-knock‗warrant. Accessed 8 July 2024.
Zalman, Marvin. Criminal Procedure: Constitution and Society. 3d ed. Upper Saddle River, N.J.: Prentice-Hall, 2002.